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Home My WebLink About20150977 Ver 1_Approval Letter_20151008North Carolina Department of Environmental Quality Pat McCrory Governor October 8, 2015 Jean Stewart 660 Lake Head Drive Norwood, NC 28128 Donald van der Vaart Subject: Approval of 401 Water Quality Certification with Additional Conditions; Shoreline Stabilization, Lake Head Drive, Lake Tillery Dear Mr. Stewart, Secretary DWR # 15 -0977 Stanly County You have our approval for the impacts listed below for the purpose described in your application dated September 14, 2014 and received by the Division of Water Resources (Division) on September 30, 2015. These impacts are covered by the Water Quality General Certification Number 3898 (attached) and the additional conditions listed below. This Certification is associated with the use of Regional Permit Number 198200030 issued by the U.S. Army Corps of Engineers and expires on the same day. Please note that you should obtain any other applicable federal, state or local permits before proceeding with your project, including those required by (but not limited to) the local lake management authority, erosion and sediment control, non - discharge, and water supply watershed regulations. This approval requires you to follow the conditions listed in the enclosed Certification, the General Permit, and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Please note that this approval is for the repair and stabilization of the existing shoreline but this approval does not allow any extension of the shoreline into the lake. 15A NCAC 02H .0506(b), 1SA NCAC 02H .OS07(c) Type of Impact Open Waters — below normal pool Open Waters — above normal pool Shoreline Length Amount Approved (sq. ft.) permanent 240 sq. ft. 240 sq. ft. 60 sq. ft. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704 - 663 -1699 / Fax: 704 - 663 - 6040 /Customer Service 1- 877 - 623 -6748 IntPrnPt: www.nrdPnr env An Fni ml nnnnrt, in, ho \A ffi rmati— Artinn FmnIn —r— AAnrla in nnrt by - -,Inrl nnncr DWR# 15 -0977 If the property is sold, the new owner must be given a copy of this approval letter and Certification and is responsible for complying with all conditions. [15A NCAC 02H .0506] 3. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. [15A NCAC 02H .0502 (e)] 4. To the extent practicable, a vegetated strip along the shoreline should remain to mediate storm water runoff to the lake. 5. All staging, including spoil, stockpile and construction material, should occur away from the shoreline to prevent incidental impacts to water quality. 6. All stormwater should be directed as diffuse or sheet flow (not piped) at non - erosive velocities and should not re- concentrate before discharging into the lake. 7. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at: httID: / /r)ortal.ncdenr.or&,/ web /wci/swr)/ws/ 401 /certsandr)ermits /apply /forms) or see attached. [15A NCAC 02H .0507 (c)] This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httID: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS; Fed Ex, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DEQ: it DWR# 15 -0977 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Alan Johnson at 704 - 663 -1699 or alan.iohnson @ncdenr.Rov if you have any questions or concerns. Sincerely, U _ Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosures cc: Sonny Tyson, sonnv @sonnvsconstruction.com DWR MRO - file copy DWR 401 & Buffer Permitting Unit —file copy